Loading...
HomeMy WebLinkAboutOrdinances (O-95-1003)-10/03/1995 i . ! ORDINANCE 0-96-1003 AN ORDINANCE CALLING A SPECIAL JOINT ELECTION WITH TARRANT COUNTY FOR THE PURPOSE OF AMENDING THE CONSTITUTION AND THE CITY'S CHARTER; PROVIDING AN AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND TARRANT COUNTY; AND PROVIDING DATES AND PLACES FOR EARLY VOTING ; WHEREAS, the citizens of the City of Colleyville, the City staff and the City Council have spent several months studying the Colleyville City Charter with a view to modernizing and improving the framework of local municipal government; and WHEREAS, the City Council is of the opinion that the proposed amendments to the Charter merit the consideration of the citizens of the City of Colleyville; and WHEREAS, the County of Tarrant as well as the City of Colleyville will hold elections on November 7, 1995; and WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each entity that said elections be held jointly with those political subdivisions in Tarrant County conducting an election on November 7, 1995; and WHEREAS, in order that the joint election be organized properly, the City of Colleyville, in Tarrant County desires to select the Tarrant County Election Administrator to conduct and coordinate this joint election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF COLLEYVILLE, TEXAS, AS FOLLOWS: Sec. 1: That a Special Joint Election is hereby called to be held on Tuesday, November 7, 1995, at the City Hall, 5400 Bransford Road, Colleyville, Texas, from 7:00 a.m., until 7:00 p.m., for the purpose of voting on the proposed Constitutional Amendments and the proposed amendments to the Colleyville Home-Rule Charter. Sec. 2: That notice of the election shall be published in accordance with the provisions of Section 9.004 of the Local Government Code and all other applicable laws. . ~.. ...-- _._~---_._--------,--_._--- Ordinance 0-95-1003 Page 2 of 9 Sec. 3: That the following proposed amendments shall be submitted on the ballot in accordance with law: (1 ) Shall Section 3.11 of the Colleyville Charter, which provides for the method of consideration and enactment of ordinances, be amended to read as follows: "Section 3.11. Ordinances in General. i! ': ! The Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the City Council of the City of Colleyville." The City Attorney shall approve as to legality all ordinances prior to final action by the City Council. Every ordinance enacted by the Council shall be signed by the Mayor or the Mayor Pro Tern in the Mayor's absence, and shall be filed with and recorded by the City Secretary. All ordinances exclusive of emergency ordinances as defined in Section 3.12 shall be read in open meeting of the Council at two (2) consecutive regular Council meetings. The caption only of each proposed ordinance shall be read at the first and second reading, provided that upon the request of any two (2) members of the Council, the ordinance shall be read in its entirety on either the first or second reading, and further provided, however, that neither metes and bounds descriptions nor national, state, industrial, or uniform codes or manuals shall be read. Each reading of a proposed ordinance shall be followed by a public hearing. No final vote of approval or disapproval shall be taken by the Council until after the second reading and public hearing on each ordinance. The captions of all proposed ordinances shall be posted upon a bulletin board at City Hall established for the purpose of giving notice of Council meetings not less than seventy-two (72) hours prior to the meeting at which such ordinances are read." (2) Shall Section 3.09A of the Colleyville Charter, which provides for the number, location, and conduct of Council meetings, be amended to read as follows: T"" Ordinance 0-95-1003 Page 3 of 9 ; 1 "A. Meetings of Council. Council meetings shall be held at the City Hall or such place within the City of Colleyville that the Council shall direct. The Council shall meet regularly at least twice (2) in every month at such times as the Council may prescribe by rule. In the event of a lack of a quorum at a regularly scheduled meeting, the meeting shall be opened and the roll call taken and recorded. Special meetings may be held on the call of the Mayor or three (3) members of the Council at the place within the City of Colleyville designated in the public notice. All meetings shall be held and public notice thereof given as required by the Statutes of the State of Texas, as now or hereafter amended." (3) Shall Section 9.02 of the Colleyville Charter, which deals with the Annual Budget, be amended by adding thereto a subpart A(11) (e) providing as follows: "A statement indicating the relationship to, and whether each sum improvement is consistent with the Master Plan." (4) Shall Sections 10.05, 10.06, 10.07, and 10.08 of the Colleyville Charter which provide for the establishment and operation of a Board of Equalization, be amended by deleting those sections in their entirety and renumbering Sections 10.09 and 10.10 sequentially within Article 10. (5) Shall Section 14.05 of the Colleyville Charter, which provides for notice of claims against the City, be amended by increasing the period provided in the first sentence in said Section, within which to give notice, from 30 days to 120 days. (6) Shall Section 9.08 of the Colleyville Charter, which provides for and limits the method and manner of purchasing by the City,. be amended to read as follows: "The Council may confer upon the City Manager general authority to contract for expenditures without further approval of the Council for all budgeted items not exceeding limits set by the City Councilor State law." --....t------ Ordinance 0-95-1003 Page 4 of 9 Sec. 4: Sec. 5: Sec. 6: Sec. 7: Sec. 8: Sec. 9: That the mutual project referenced herein, the parties hereto agree to hold an election jointly on November 7, 1995, in accordance with Section 271.002, Texas Election Code, and that said election be conducted jointly pursuant to the terms of this agreement. That this agreement is made and entered into this /Oci- day of ~cb:.l~ ,1995, by and between the County of Tarrant, acting by and through the Tarrant County Elections Administrator (hereinafter referred to as "County") and the City of Colleyville, acting by and through its Mayor and his/her designee (hereinafter referred to as "City"). That the City and County shall participate in the election on Tuesday, November 7, 1995, and shall have and use the same voting equipment, ballots and the same list of registered voters. That the City and County shall share the cost of conducting the election. That the County shall be responsible for early voting ballot requests by mail. That the following applies to Early Voting by Personal Appearance: a. Robert Parten shall serve as Early Voting Clerk; other clerks shall be appointed as needed. b. The City Secretary or her designee shall serve as Deputy Early Voting Clerk c. Early voting for said joint election shall be conducted at City Hall, 5400 Bransford Road, Colleyville, Texas. d. Any resident of any political subdivision participating in this joint election may vote at the Tarrant County main early voting location (Muller Building, 600 West Weatherford Street, Fort Worth, Texas, 76102). Ordinance 0-95-1003 Page 5 of 9 Sec. 10: Sec. 11: Sec. 12: Sec. 13: Sec. 14: e. Early voting by personal appearance will begin on October 18, 1995, and will end on November 3, 1995. f. Extended hours for early voting shall take place at all early voting sites on Saturday, October 28, from 7:00 a.m. to 7:00 p.m., and on Sunday, October 29, from 11 :00 a.m. to 4:00 p.m., and Thursday and Friday, November 2 and 3, from 7:00 a.m. to 7:00 p.m. That the Tarrant County Elections Administrator shall be responsible for the preparation of all Early Voting Ballots. That the Tarrant County Elections Administrator shall prepare the voted Early Voting Ballots for counting by the Early Voting Ballot Board. That the Early Voting Ballot Board may include individuals from the City, and the names of those persons selected should be submitted to the Elections Administrator. That the Elections Administrator agrees to coordinate, supervise and conduct the Joint Election, pursuant to the provisions of the Texas Election Code unless specifically provided otherwise in this agreement. That the Elections Administrator shall perform the following specific duties: a. Appoint, notify, and train all presiding judges, alternate judges, and clerks. The names and addresses of each judge and alternate judge shall be furnished to the City Secretary. Ordinance 0-95-1003 Page 6 of 9 b. Compensate election judges and clerks. Each election judge and clerk will receive $5.50 per hour (for maximum of 15 hours). The election judge will receive an additional $25.00 for picking up the election supplies prior to election day and for delivering election returns and supplies to the Central Counting Station after the polls close. Election judges and alternate judges will receive $10.00 each for attending the election school. c. Procure, prepare, and distribute ballots. d. Procure, prepare, and distribute early voting and election day supplies. e. Procure, prepare, and distribute tables and chairs, as needed, and transport equipment to and from the polling places. 1. Procure and deliver to polling places all voting equipment. g. Rent, if necessary, voting locations. h. Provide lists of registered voters to the election judge. I. Arrange for the use of a Central Counting Station and for tabulating personnel and equipment needed at the Counting Station and assist in preparation of programs and test materials for tabulation of the ballots to be used with electronic voting equipment. j. Public notice of the date, time, and place of the testing of the electronic tabulation equipment and conduct such testing. k. Supervise the handling and disposition of election returns, tabulate unofficial returns and assist in preparing the tabulation for the official canvass. Ordinance 0-95-1003 Page 7 of 9 I. Prepare the unofficial canvass report after all precincts have been counted and deliver a copy of the unofficial canvass to the City of Colleyville. m. Serve as custodian of election records and store election records as provided by law. n. Conduct any required recounts. Sec. 15: That the City Secretary of the City of Colleyville shall perform the following specific duties: a. The City of Colleyville shall designate voting sites giving preference to customary City locations. b. Maps or other reference guides containing the boundaries of each political subdivision should be made available to Tarrant County. c. Prepare all election orders, resolutions, notices, and other pertinent documents for adoption for execution by the appropriate officer; and take all actions required by law for calling the election, establishing precincts and polling places, handling contests, canvassing the returns, and declaring the results, including the Spanish translation thereof. d. Prepare and publish in the official newspaper, or post all required election notices. .1 I i ! e. Deliver to the Elections Administrator as soon as possible, but no later than September 27, 1995, the official wording that is to be printed on the ballot with the exact form, order, wording and spelling that is to be used. f. Prepare and submit to the U. S. Department of Justice under Section 5 of the Voting Rights Act of 1965, the required submissions on voting changes. g. Canvass the official results of the election. Ordinance 0-95-1003 Page 8 of 9 Sec. 16: That in consideration for the services and expenses provided by the Elections Administrator and to pay for the City's share the cost of conducting this joint election, the City of Colleyville agrees to pay the sum of $1,800 to the Tarrant County Elections Administrator. Sec. 17: That should a recount be required, those costs associated with the recount, if any, are in addition to those contemplated in this agreement, and shall be negotiated at the time the need for said recount is determined. Sec. 18: That the official for all parties to contact for all purposes shall be listed at the end of the agreement. All notices and other deliveries under the agreement shall be delivered to said individual so listed. . i AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of .5ept-..un.bJ( , 1995. The second reading and public hearing being conducted on the Iqif. day of ~emhif , 1995. The third reading and public hearing being conducted on the 3rd day of O~Jo bl-r , 1995 ATTEST: } l . :(j4J~A J fd~ ~~~s, CMC City Secretary C;;;F ;?2LLE Ed Baker Mayor i~ Ross 1. Foster City Attorney TO FORM AND LEGALITY: Ordinance 0-95-1003 Page 9 of 9 ACCEPTANCE: On behalf of Tarrant County Elections Administration, I hereby accept the terms of this Agreement contained in this Ordinance. I Signed this /ctL day of fi d~~ , 1995. Q~ '\?~~~"' Robert Parten Elections Administrator In witness whereof, the above Ordinance and Agreement was adopted at a meeting %th~ C9mmissioners Court of Tarrant County held on the 1{)-cL day of !J2:tt;f4~, 1995. County of Tarrant Tom Vandergriff County Judge OFFICIALS FOR NOTICE: Robert Parten County of Tarrant Elections Administrator 100 West Weatherford Street Fort Worth, Texas 76196 Jean Harris, CMC City Secretary City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 _"~___"___n~_~_'~'_____"'~'_'__M"_""'_'.__'~'_"'__..~".."._.___ . ------r--..".".----